Criminal Law in the UAE: An Informational Guide
Below is an overview, or a guide, containing general information regarding fundamental issues connected with the criminal justice system in the United Arab Emirates, ranging from rights following an arrest, extradition issues, Interpol Red Notices, and standard crimes.
The UAE has an organized legal framework to address criminal cases that involve law enforcement agencies, the public prosecution, and the courts. It is prudent to understand the criminal legal process as well as the rights that individuals are accorded as they interact with this legal framework.
This text has been published in an educational and informative capacity only and does not contain legal advice. Criminal law and practice can differ based upon a given set of facts and relevant legislation.
Rights and Legal Protection
Matters of extradition are not taken lightly in the UAE, and no person is extraditable except through the due process of law.
Every detainee on an Interpol Red Notice has a full right to legal counsel and to oppose extradition on various grounds, such as mistaken identity, expired charges, and political motives.
Legal Process After Arrest (Criminal Law)
Extradition procedures following arrest
Generally, in cases where an Interpol notice is issued, a person is taken into custody and presented before the Dubai Public Prosecution.
The extradition process may then proceed by the concerned country sending a formal request through diplomatic channels.
The courts in the UAE would verify whether the request is in compliance with local laws and that no legal or human rights of the person are being infringed upon.
What are the main categories of criminal offenses under UAE Criminal law?
UAE law has divided the crimes into three groups:
Answer:
Contraventions: These are usually minor offenses punishable with fines.
Misdemeanors are intermediate crimes, punishable by jail up to three years or a fine.
Felony crimes include the more serious offenses like murder, rape, or major fraud that attract imprisonment of more than three years, and in rare cases, death.
Explain the classification of crimes vs civil cases on the basis of their seriousness.
What is the bail process in UAE criminal cases?
Answer:
It may be granted either by the police, prosecution, or court, depending on its stage.
The defendant or their attorney in charge shall file a request for bail with support of passport deposit or financial guarantee.
Even if bail, the accused attends the trial and does not leave the UAE without proper permission.
What is a “breach of trust”?
Answer:
Breach of trust occurs when a person uses money or property entrusted to him for his own ends—for instance, when an employee or business partner diverts funds.
It is punishable under Article 454 of the Penal Code and may lead to imprisonment and the return of the money misused.
Can criminal cases be settled out of court?
Answer:
Some misdemeanors—minor assault, defamation, or bounced cheques for example, may be settled amicably before final judgment if the victim agrees and the prosecution approves.
But serious crimes like murder, drugs, and money laundering cannot be settled privately.
Also Domestic Vilonce considerd as a criminal offense you can read more about : Domestic violence offenses under UAE criminal law.
Can Interpol make arrests in Dubai?
Answer:
1. The Functions of Interpol
Interpol is merely an international organization where police forces from all over the world work together to coordinate information and investigations; it has no arrest authority in Dubai or anywhere else.
Interpol may issue a Red Notice if someone is wanted abroad, but this is only a warning to its member nations—including the UAE—that someone is wanted for prosecution or to serve time in prison.
2. Arrests by UAE Authorities
According to UAE laws and international treaties, UAE law enforcement agencies have the authority to detain or arrest anyone listed in the Interpol Red Notice if they are in Dubai.
Authorities in the United Arab Emirates are responsible for the arrest, not an Interpol agent.
3. Legal Process After Arrest
Generally, in cases where an Interpol notice is issued, a person is taken into custody and presented before the Dubai Public Prosecution. The extradition process may proceed by the concerned country sending a formal request through diplomatic channels.
The courts in the UAE would verify whether the request is in compliance with local laws and that no legal or human rights of the person are being infringed upon.
4. Rights and Legal Protection
Matters of extradition are not taken lightly in the UAE, and no person is extraditable except through the due process of law.
Every detainee on an Interpol Red Notice has a full right to legal counsel and to oppose extradition on various grounds, such as mistaken identity, expired charges, and political motives.
5. Practical Advice
It is very important for anyone who has received an Interpol alert or the possibility of arrest in Dubai to seek the services of a criminal defense attorney with international and extradition law experience.
An attorney will be able to communicate on your behalf with authorities, request case details, and protect your rights throughout the proceedings.
What is a Red Notice? , How do I remove a red notice?
Answer:
A Red Notice does not issue an international arrest; what it does is put out a notice by INTERPOL at a member country’s request that reports that a person is either to be prosecuted or will serve a term of imprisonment.
In the UAE Red Notices are treated very seriously, and local authorities may put in place detention or travel restrictions for persons named in them.
Review the legal basis for the Notice.
The first issue is to check the reason for which the Red Notice was issued. It may be that:
A criminal trial that took place in another country.
A political issue that is in fact a civil matter is labeled as criminal.
A trained lawyer can review and report if the notice goes against INTERPOL’s policies, which include the prohibition of political and religious issues.
Submit a request to the Commission for the Control of INTERPOL’s Files (CCF).
To contest a Red Notice, your attorney must present a petition to the CCF, which also looks after INTERPOL’s database. The application should include
Evidence that the case is of a civil, commercial, or political nature.
Proof that the charges are without merit, resolved, or out of time.
Relevant court papers and correspondence that show due process violations.
The review process, which may take up to several months, is the only formal way to ask for deletion from INTERPOL’s database.
In the UAE for legal help, you can contact a lawyer for free and paid services.
If you have a Red Notice that impacts your status in Dubai or any other emirate, a criminal lawyer based in the UAE may work with the Ministry of Interior and Public Prosecution. The lawyer may:.
Do a check to see if the UAE has issued and acted on the Red Notice.
Submit a request for temporary leave or termination.
Help out with bail, travel issues, or sorting out your legal status.
Act soon but calmly.
Red Notices also bring about travel issues and reputation damage, but they do get challenged and removed.
It is important to stay calm, gather accurate info, and have your lawyer handle communication with INTERPOL and local authorities.
What are the penalties for drug and alcohol offenses?
Answer:
Drug crimes, including possession, use, or trafficking, are punishable under Federal Decree-Law No. 30 of 2021 on Combating Narcotics.
Penalties depend on the substance and intent: personal use or trafficking.
Alcohol-related crimes, such as drunk driving or public intoxication, may include fines, imprisonment, and driving-license suspension.
What happens in cases of murder, homicide, or violent assault?
Answer:
These are classified as felonies.
The sentences include death or imprisonment to life and even death depending on the context and motive.
In the UAE, the punishment varies depending on whether the crime was committed deliberately; if so, the punishment ranges from the death sentence to a life sentence.
The family of the victim has the option to receive “diya” (a blood money) repayment in AED 200,000 if the crime was committed wrongfully.
In essence, there are criminal laws within the UAE that are similar to those in other countries.
In Qisas cases, the courts may also take note of the factors of mitigation or pardon by the family of victims during sentencing.
Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law
Essential details about punishment in UAE murders
Premeditated Murder:
The death penalty may be imposed if it is committed with the intention to destroy an ancestor, public officials,or with chemicals and explosive substances.
Intentional manslaughter – Life imprisonment.
If blood money is accepted:
If the heirs waive claiming the right to the death penalty in favor of blood money, then the punishment shall be temporary imprisonment with a minimum term of no less than seven years.
Unintentional killing:
If causing death was due to bodily injury that was intended to be non-lethal, then the punishment is up to ten years’ imprisonment.
Aggravating circumstances:
The accused’s intoxication during the criminal act can be classified as an aggravating circumstance. Other factors to consider:
The sentences may also depend on other factors such as the pertinent articles in the Penal Code and whether other crimes are involved.
How do I check the status of a criminal case filed in UAE?
Answer:
If you are involved in a criminal case, the process of how to check case status online in Dubai is simple. Follow these steps:
- Visit the Dubai Police eServices website portal or the Dubai Courts website.
- Navigate to the “Criminal Case” section.
- Enter the necessary details, including the case number and your personal identification information.
- The system will display the latest updates regarding your case, including upcoming hearings or verdicts. Criminal cases often involve strict timelines, so it’s vital to check regularly for any changes to your case status.
Checking your case status online in Dubai is a simple and efficient way to stay informed about your legal matters. At Amal Khamis Law Firm, we provide expert guidance to help you navigate the process seamlessly.
How do I know if I have a criminal case against me?
Answer:
1. Check through the Dubai Police website/MOİ portals
In the UAE, you can check whether there are any criminal charges filed against you by visiting the website of the Dubai Police or the website of the Ministry of Interior (MOI) in the UAE.
You can check whether there are any criminal charges filed against you by searching your Emirates ID on these websites.
2. Visit the Nearest Police Station
If you believe that there is a possibility that someone has lodged a complaint against you, then you can personally visit the nearest Dubai Police station to check if there are any criminal charges filed against you.
When you go to the station, you need to come with your Emirates ID card or your passport.
3. Check with Dubai Public Prosecution or Courts
In other instances, the grievance proceeds to either the Public Prosecution Office or the Dubai Courts.
You can check if there is any criminal case filed or arrest warrant made in your name by inquiring either personally or through their online services.
4. Take Advice from an Attorney
If you feel that there might be an investigation targeting you or that you might have received a notice about your case, then it is essential that you get in touch with criminal attorneys in Dubai without delay.
They will be able to look into your case and check if there are any criminal records registered against you.
5. Stay Calm and Act Responsibly
Finding out that there might be an outstanding case can be an intimidating experience.
Do not travel until the circumstances are clear; do not ignore calls from the police either.
Seeking professional guidance can aid in the issue to be brought to closure.
How can I clear my criminal case in the UAE?
Answer:
1. Know What Stage Your Case At
First things first, check if your file is still with the police, with the public prosecutor, or already in court.
Each process has its own means to clarify matters. The earlier you know what’s what, the sooner you can move ahead.
2. Settle It Early If Possible
If it’s a trivial matter such as an invalid cheque, dispute, or slight offense, you might be able to come to terms with the complainant yourself.
As soon as the complainant agrees to drop the charge, your attorney can lodge a waiver and have the case dismissed before it goes to court.
3. If There’s Already a Judgment
Since the court has already made a ruling, you will be required to either serve the jail term, pay the fine if there is one, or appeal the case (generally within 15 days).
Once all the processes are complete, your attorney can then obtain confirmation that the case has been closed.
4. Obtain Police Clearance Certificate
Once the case has been cleared, you are eligible to get Police Clearance Certificate (also referred to as ‘Good Conduct Certificate’) from either the Dubai Police or the Ministry of Interior in the UAE.
The certificate ensures that one has no criminal charges pending.
5. Always Get Legal Help
In the UAE, criminal matters can quickly escalate.
Can I file a defamation case without a lawyer?
Yes, of course, a defamation case in Dubai can be brought without an attorney by lodging a complaint at the police or at the Public Prosecution office.
Nevertheless, defamation is a serious crime in the UAE Penal Code and UAE Cybercrime Law, so having an attorney would work to your benefit in gathering legal evidence, as well as in avoiding many pitfalls in filing a complaint.
A UAE criminal lawyer can advise on the best way forward and provide all the necessary paperwork to ensure matters are taken care of appropriately.
